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Full-Text Articles in Law

Ending The Discriminatory Pretrial Incarceration Of People With Disabilities: Liability Under The Americans With Disabilities Act And The Rehabilitation Act, Margo Schlanger, Elizabeth Jordan, Roxana Moussavian Jan 2022

Ending The Discriminatory Pretrial Incarceration Of People With Disabilities: Liability Under The Americans With Disabilities Act And The Rehabilitation Act, Margo Schlanger, Elizabeth Jordan, Roxana Moussavian

Articles

Our federal, state, and local governments lock up hundreds of thousands of people at a time—millions over the course of a year—to ensure their appearance at a pending criminal or immigration proceeding. This type of pretrial incarceration—a term we use to cover both pretrial criminal detention and immigration detention prior to finalization of a removal order—can be very harmful. It disrupts the work and family lives of those detained, harms their health, interferes with their defense, and imposes pressure on them to forego their trial rights and accede to the government’s charges in an effort to abbreviate time behind bars. …


The Runaway Jury Of Joaquín 'El Chapo' Guzmán; Or Dishonesty Only Our Justice System Could Ratify, Sean Roman Strockyj Jan 2022

The Runaway Jury Of Joaquín 'El Chapo' Guzmán; Or Dishonesty Only Our Justice System Could Ratify, Sean Roman Strockyj

Mitchell Hamline Law Review

No abstract provided.


Criminal Acts And Basic Moral Equality, John A. Humbach Jan 2022

Criminal Acts And Basic Moral Equality, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

Modern criminal justice presupposes that persons are not morally equal. On the contrary, those who do wrong are viewed by the law as less worthy of respect, concern and decent treatment: Offenders, it is said, “deserve” to suffer for their misdeeds. Yet, there is scant logical or empirical basis for the law's supposition that offenders are morally inferior. The usual reasoning is that persons who intentionally or knowingly do wrong are the authors and initiators of their acts and, as such, are morally responsible for them. But this reasoning rests on the assumption that a person's mental states, such as …


Very Important Cases (“Vics”): United States V. Briggs And The Status Of Cases Involving Sexual Violence And Statutes Of Limitations, Michele A. Yankson Jan 2022

Very Important Cases (“Vics”): United States V. Briggs And The Status Of Cases Involving Sexual Violence And Statutes Of Limitations, Michele A. Yankson

University of San Francisco Law Review

No abstract provided.


Modelling Pretrial Detention, Melissa Hamilton Jan 2022

Modelling Pretrial Detention, Melissa Hamilton

American University Law Review

Pretrial detention has become normative in contemporary criminal justice, rather than the exception to a rule of release for individuals not convicted of any crime. Even the opportunity for release with a bond amount often eludes the many individuals who are unable to afford, to pay. Defendants detained, pending trial suffer numerous negative consequences to their own legal cases, such as being more likely to feel pressured to plead guilty and to receive a prison sentence. The high numbers of those detained appear to disproportionately impact minorities and. have contributed to mass incarceration. As a. result, of these issues, the …


Why Not Both Nature And Nurture: Using Behavioral Genetic Markers As Sentencing Factors, Seely Kaufmann Jan 2022

Why Not Both Nature And Nurture: Using Behavioral Genetic Markers As Sentencing Factors, Seely Kaufmann

Law Student Publications

"On the evening of July 1, 2013, Amos Wells was upset that his pregnant girlfriend, Chanice Reed, would not answer his calls. He then drove to where she, her mother Annette, and ten-year-old brother Eddie, lived. After arguing with Chanice and yelling at the top of his voice in a “bone-chilling scream,” Wells retrieved a handgun from his Chevrolet Tahoe parked in front of the house, and shot Chanice in the front yard as she screamed, “No, no, no.” Her mother then tried to bat the gun away before he shot her too. Further shots were heard before Wells finally …


State V. Michaud, 251 A.3d 9 (Ri 2021)., Blair Robinson Jan 2022

State V. Michaud, 251 A.3d 9 (Ri 2021)., Blair Robinson

Roger Williams University Law Review

No abstract provided.


State V. Jones, 242 A.3d 47 (R.I. 2020)., Elizabeth Gravelle Jan 2022

State V. Jones, 242 A.3d 47 (R.I. 2020)., Elizabeth Gravelle

Roger Williams University Law Review

No abstract provided.


2021 Rhode Island Public Laws, Madison C. Picard Jan 2022

2021 Rhode Island Public Laws, Madison C. Picard

Roger Williams University Law Review

No abstract provided.


Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics, Chad O. Stroum Jan 2022

Rap Reform: Why Rhode Island Should Exclude Police Detectives And Gang Experts From Interpreting A Criminal Defendant’S Ambiguous Rap Lyrics, Chad O. Stroum

Roger Williams University Law Review

No abstract provided.


2021 Surveys Of Rhode Island Law Jan 2022

2021 Surveys Of Rhode Island Law

Roger Williams University Law Review

No abstract provided.


State V. Smith, 243 A.3d 1045 (R.I. 2021), Katriina Rose Juntunen Jan 2022

State V. Smith, 243 A.3d 1045 (R.I. 2021), Katriina Rose Juntunen

Roger Williams University Law Review

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2022

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho Jan 2022

Guilty Until The Check Clears: How Money Bail Incentivizes Wealth And Criminalizes Poverty, Caroline Jarcho

Public Interest Law Reporter

No abstract provided.


Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen Jan 2022

Nfib V. Osha: Weighing Public Safety Against Non-Delegation, Dean Jepsen

Public Interest Law Reporter

No abstract provided.


A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller Jan 2022

A Look At The Inception And Evolution Of The Juvenile Legal System In Illinois, Annie Keller

Public Interest Law Reporter

No abstract provided.


Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen Jan 2022

Guns For Freedom: An Unlawful Police Tactic In Chicago, Malachy Schrobilgen

Public Interest Law Reporter

No abstract provided.


Table Of Contents, Public Interest Law Reporter Jan 2022

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


The Next Era Of Health Law: Medical-Legal Partnerships, Anna Ahrens Jan 2022

The Next Era Of Health Law: Medical-Legal Partnerships, Anna Ahrens

Public Interest Law Reporter

No abstract provided.


An End To Sacrifice Zoning In Chicago, Jasmine Anderson Jan 2022

An End To Sacrifice Zoning In Chicago, Jasmine Anderson

Public Interest Law Reporter

No abstract provided.


Gun Violence: The American Hate Crime Epidemic, Melissa Charbonneau Jan 2022

Gun Violence: The American Hate Crime Epidemic, Melissa Charbonneau

Public Interest Law Reporter

No abstract provided.


Poverty As A Barrier To Family Unification: A Look At The Relationship Between Child Welfare Involvement And Access To Housing, Abby Dompke Jan 2022

Poverty As A Barrier To Family Unification: A Look At The Relationship Between Child Welfare Involvement And Access To Housing, Abby Dompke

Public Interest Law Reporter

No abstract provided.


Water Is Life: The Standing Rock Sioux Tribe's Legal Battle Against The Dakota Access Pipeline, Jasper Gingrich Jan 2022

Water Is Life: The Standing Rock Sioux Tribe's Legal Battle Against The Dakota Access Pipeline, Jasper Gingrich

Public Interest Law Reporter

No abstract provided.


Balancing Student Rights And Student Safety: An Exploration Of The Constitutionality Of Searches In Schools Under The Fourth Amendment, Brittany Haracz Begley Jan 2022

Balancing Student Rights And Student Safety: An Exploration Of The Constitutionality Of Searches In Schools Under The Fourth Amendment, Brittany Haracz Begley

Public Interest Law Reporter

No abstract provided.


Why Offshore Betting Is Risky, Steven Henley Jan 2022

Why Offshore Betting Is Risky, Steven Henley

Public Interest Law Reporter

No abstract provided.


The Pretrial Fairness Act: Certainties And Suspicions, Ethan Mora Jan 2022

The Pretrial Fairness Act: Certainties And Suspicions, Ethan Mora

Public Interest Law Reporter

No abstract provided.


Education Is A Fundamental Right, Anna Nornes Jan 2022

Education Is A Fundamental Right, Anna Nornes

Public Interest Law Reporter

No abstract provided.


12+ Hours A Day: How Juvenile Detention Centers Diminish The Goal Of Rehabilition In Juvenile Justice, Melanie Persangi Jan 2022

12+ Hours A Day: How Juvenile Detention Centers Diminish The Goal Of Rehabilition In Juvenile Justice, Melanie Persangi

Public Interest Law Reporter

No abstract provided.


Chicago Is Not A Sundown Town: A Closer Look At Youth Curfews, Nneka Ugwu Jan 2022

Chicago Is Not A Sundown Town: A Closer Look At Youth Curfews, Nneka Ugwu

Public Interest Law Reporter

No abstract provided.


Getting To Death: Race And The Paths Of Capital Cases After Furman, Jeffrey A. Fagan, Garth Davies, Ray Paternoster Jan 2022

Getting To Death: Race And The Paths Of Capital Cases After Furman, Jeffrey A. Fagan, Garth Davies, Ray Paternoster

Faculty Scholarship

Decades of research on the administration of the death penalty have recognized the persistent arbitrariness in its implementation and the racial inequality in the selection of defendants and cases for capital punishment. This Article provides new insights into the combined effects of these two constitutional challenges. We show how these features of post-Furman capital punishment operate at each stage of adjudication, from charging death-eligible cases to plea negotiations to the selection of eligible cases for execution and ultimately to the execution itself, and how their effects combine to sustain the constitutional violations first identified 50 years ago in Furman …